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Home My WebLink About30471-ZFOPJ~ }[0. 4 TO;~ OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector To'~n Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY NO: Z-30445 Date: 09/20/04 THIS CERTIFIES ~h~t the b~ilding ~DITION ~ocation of Property: 135 R60 CALEB'S WAY GREENPORT (HOUSE NO_) (STREET) (HD~ILET) County Tax Map No. 473889 Section 40 .1 Block 1 Lot 60 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated J~3LY 8, 2004 pursuant to which Building Permit No. 30471 Z dated JULY 8, 2004 was issued, and conforms to all of the requirements of the applicable provisions of the law_ The occupancy for which this certificate is issued is DECK ADDITION TO DH EXISTING COIfDOMINIUM (U~IIT 60) AS APPLIED FOR PER ZBA $4502 ISSUED 8/28/97 AND ZBA $5579 ISSUED 9/7/04. The certificate is issued to ELIZABETH K TWOMEY of uhe aforesaid building. SUFFOLK COUSPi~f DEPARTMENT OF HN~ALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED N/A N/A N/A Rev. 1/81 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hail Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PEP~4IT NO. 30471 Z Date JULY 8, 2004 Permission is hereby granted to: ELIZABETH K TWOMEY 60 CALEB'S WAY GREENPORT,NY 11944 for : CONSTRUCT A DECK ADDITION TO AN EXISTING CONDOMINIUM (UNIT 60) AS APPLIED FOR PER ZBA ~4502 DATED 8/28/97. THIS PERMIT REPLACES BP#24342. at premises located at 135 R60 CALEB'S WAY GREENPORT County Tax Map No. 473889 Section 040.001 Block 0001 Lot No. 060 pursuant to application dated JULY 8, 2004 and approved by the Building Inspector to expire on JANUARY 8, 2006. Fee $ 200.00 Authorized Signature ORIGINAL Rev. 5/8/02 FO~M NO. ~ TOWH OF $OUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N. Y. BUILDING PERMIT CrHIS PERMIT MUST BE KEPT ON THE PRF_MISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) 243~2 Z Do,~ .... "./.~. ..................... Permission is hereby granted to.~-~--~ c~ i - ~ t .~~ ~ ~. ~. ~. , .~ .~ ,y - ..~......zz,~.~ ...................................... , ..... ~.~.:':~..~:...:z:~ ,, ~~.~.~~.~~...~.~'.~.~.~ ............... ..~..~ ~~.~.~....~...~ ~..~..~...~.~ ....... ' ~ . ' ~ ..~~.~.~.~......~~ ...................................................................... ..... ~,~ ~ ~,~ ~0.";~;'~,~"::::~:~;::~-';~'" ===================== ~.~....':::::::.'.':" Building Insp~tor. .......... ~* ........... ~uddm~ ~t~ .............. Rev. 6/30/80 ~Form No. ~ TO~ ~F $OUTHOLD BUiLDInG D~PARTME~T TO~VN HALL 765-1802 APPLICATION FOR CERTIFICATE OF OCCUPAkNCY Tkis application must be filled in by typewriter or ink and submitted to the Building Department with the following: For new building or ne~v use: 1. Final survey of property with accurate location of all build/rigs, property lines, streets, and unusual natural or topographic features. 2. Final Approval fi:om Health Dept. of water supply and sewerage-disposal (S-9 form). 3. Approval of electrical installation from Board &Fire Underwriters. 4. Sworn stateme~t fi:om plmin, her certifYing bat the solder used in system contains less than 2/10 of 1% lead. 5. Commercial building, industrial build/rig, ranltiple residences and ~*imitar buildings and installations, a certificate of Cod~ Compliance from architect or. engineer ~esponsible for the building. 6. Submk ?latin/rig Board At~proval of completed site phn requirements. For existing buildings (prior to April 9, 1957) non-conforming uses, or buildings and "pre-existing" land uses: 1. Accurate. surx ey of property shox~ing ali property lines, streets, building and unusual natural or topo~aphic features, 2. A properly completed application and consent to inspect signed by the applicant. If a Certificate of Occupancy is denied, the Building Inspector shall state the reasons therefor in Wl-hing to the applicant. 1. Certificate of Occupancy - New dwelling $25.00, Addidol~s to dwelling $25.00, Aherations to dwelling $25.00, Swimn~ag pool $25_00, Accessory building $25.00, Additions to accessory building $25.00, Businesses $50.00_ 2. Certificate of Occupancy on Pre-e:dsting Building - $100.00 3. Copy of Certificate of Occupancy - $.25 4. Updated Certificate of Occupancy - $50.00 5. Temp°raryCertificate°fOccupm~cy-Residential$15'00'C°mmercial$15'00 ¢~5>///~/Date. . (cheek one) Ham/et New Constmction: Old et Pre-existing Building: .~/ oeationo ro e ,: Z O ouse Owner or Oxxmers oferope~: ~/'2~ **~ ~ ~ Suffo~ Cotm~ Trax Map No 1000, Section ~-/ Block Lot ~ Subdivision emruit No. ~ Oq "'~ Health Dept. Approval: Date of Permit. \ ~ Filed Map. Lot: Applicant: ~/~ . /~-~ e-~ Undem,riters .Approval: Planning Board Approval: Request for: Temporary Certificate Fee Submitted: $ ...~.~ F/~al Certificate: / .~PPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P_ Goehriager Lydia A. Tortora ht tp:,#~mholdtoxvn.northfork.net BOARD OF APPEALS TOVCN OF SOUTHOLD ~6uih61d Tox~/n Hall 53095 Main Road LO. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 . .., ..~) .~. , <-. , FINDINGS DELIBERATONS AND DETERMINATION · ~. ', · . M. EETiNE~OF.SEPTEMBER 7;;2004 ZBA File 5579 - E. -i-WOMEY Property Location: r135 .(Unit 60) Caleb's Way, Greenport CTM 40.1-1-60 SEQRA DETERMINA~I0'Ni The Zoning'. Board ,of Appeals has visited the property' under consideration in this a~plidi~tion and determines that this review falls under the Type II category of the State's. List of Aqt..iqas, :W thout.an adverse effect on the environment if the project is implemented as planned. ..,. . , PROPERTY FACTS/DESCRIPTION: The. applicant's property is known and referred to as Unit'60 on the Map of Moores/and (a/Ida Pheasant Run Estates) Condominium, and sh0wa on the Aprii 7, 1997 survey prepared by Peconic Surveyors, P.C., updated July 23, 2004. BASIS OF APPLICATION:, Bg)!ctir~g. Department's July 19, 2004 Notice of Disapproval, citing Sections'100-242A and 100-244B, in its denial of an amended plan for an 8' x 15' deck addition on a nonconforming parcel in th~ AHD:D strict, instead of the 8' x 12' deck that was applied for in 1997.' The reason for the Bu!lding Depgytment's disapproval is that the deck,~vill const tute an increase in the degree of nonconformance 'as amended, with a 28 ft. setback from the front' property line, instead of the code required 35 feet. (A building permit was issued July 8, 2004 under Permit No. 30471-Z, and under variance ,d,ated. 8~28~97 for an 8' x 12 deck add't'on, :as applied fbr.) . .- ~:'} '; ! '. ;: ~ .~i FINDINGS OF FACT , , . " fl ~ - The Zoning Board of Appeals held a public hearing on thisapplication on August 19, 2004 at which 'time written and oral evidence :were. presented. Based upon all testimony,, documentation, personal inspection of the property, and'other evidence, the Zoning Board finds the following facts to be true and relevant: . . AREA VARIANCE RELIEF 'REQUESTED: Applicant requests a varianCe.':for.a min,"oriextension of the as-built deck, 28 feet from the front property line. The total size of the deck is 8' x 15.2' as shown on the survey pCepared by Peconic Surveyors, P.C. updated July ~3,-2004. 4:, ~ ~: , 'i ," b];i~~ REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Bqard makes the folloWing findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. This is a request for the existing 3.2 ft. extension of the 8' open deck. for a total length of 15.2 feet instead of the previous application submissions APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. To,ora Mauree't~' C. 0stermam~ BOARD 0F APPEALS TOWN OF SOUTHOLD Sodthold Town Hail 53095 Main Road Re. BOX 1179 Southold. New York 1 I97 i Fax (516) 765 - t 823 TelephOne (516} 765-1809 FINDh"IGS. DELIBERATIONS AND DETERMINAT.[ON ADOPTED A;I? REGUI]AR MEETING OF ALGUST-28, i997 Appl. No. 4502 7 Moore~. Latie Dev. Corp. PARCEL 100{~'-40_*l=l-B0 LOCALITY:. 60 Caleb's Way', Greenport "' DATE OF PUBLIC HEARING': August' 28, 1997 ' FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: This property is knmvt~ aud raferr~d to Unit ~60, aud 60 CaIelPs Way, Greeaport and is referred to as Unit f:60. shown on a map submitted under this application. Tlfis propert.v has been approved us an A££ordable Fire,sing" District fut. a total et 60 dwe[Iing' BASIS OF APPEAL: B_!_ij_c_H_!lg:._[_~_s_p_ec_t~r~'s-kctim!'_9[ pi. sppproval dated July 22, 1997 xyl)i_ch. ,_ r*~:4.ds., as ~_ follows: .. -"uuder ,'~t'tl~5'~Te~XXV ;' : l;rOl~o~dd 'deck [tdditimi ~wiH heys: insufficient ~ront yat~ setback to would now be 28 feet from fr-nt lot line. Action required by Zm~i~g Board of Appeals." AREA VARIANCE RELIEF REC~UESTED BY APPLICANT: To locate, a proposed 8 ft. by 12 ft. open deck addition at 28 feet from 'the closest edge of the righi-of-way known as Caleb's Way at its closest pohlt, and 36 ['eet to tile center of Cateb's Way (southerly front propt~rty line)- The. present setback of the existing' dwelling' ts sbowu ko be ~3B feet at its closest point to the right-of-way, and 48 feet to the southerly front propet-ty line (center point of Caleb's Road). REASONS FOR BOARD ACTION, DESCRIBED BELOW: ( I ) Tile g'raaling of tile area vuriauce ;viii not l)roduce all tllldk, sil';tb[tn change iu t'II[IP:I('I[~ af Ilei~llborho~d or :1 detrilllellt re nearby prnperties l)ecuttse premises is located cm~[ig'uous to a private road which serves as only access ro iuhabitants ,)[ this community. (2) The bctle£it sr~aghl, by 1.11e al~plitcanl Callao[ 12e uchievc, d by same tnel. llod, feasible for applicatv Ia pursue, otheu limn an area variance .~ALS BOARD MEMBERS Auth D. Oliva, Cha~voman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dirfizi6, Jr. http:/;'sou~holdtown.north fork.ne~. Southold Town Hall 53095 Main Road P.O. Box 1/_79 Southold, NY/_1971-0959 Tel. (631) 765-1809 Fax (631) 765-9064' BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 7, 2004 ZBA File 5579 - E. TWOMEY Properly Location: 135 (Unit 60) Caleb's Way, Greenport CTM 40.1-'1-60 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPER'CF FACTS/DESCRIPTION: The applicant's property is known and referred to as Unit 60 on the Map of Mooresland (a/k/a Pheasant Run Estates) Condominium, and shown on the April 7, 1997 survey prepared by Peconic Surveyors, P.C., updated July 23, 2004. BASIS OF APPLICATION: Building Department's July 19, 2004 Notice of Disapproval, citing Sections 100-242A and 100-244B, in its denial of an amended plan for an 8' x 15' deck addition on a nonconforming parcel in the AHD District, instead of the 8' x 12' deck that was applied for in 1997. The reason for the Building Department's disapproval is that the deck will constitute an increase in the degree of nonconformance as amended, with a 28 ft. setback from the front property line, instead of the code required 35 feet. (A building permit was issued July 8, 2004 under Permit No. 30471-Z, and under variance dated 8/28/97 for an 8' x 12' deck addition, as applied for.) FINDINGS OF FACT The Zoning Board of Appeals held a public heating on this application on August 19, 2004 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the properly, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant requests a variance for a minor extension of the as-built deck, 28 feet from the front property line. The total size of the deck is 8' x 15.2' as shown on the survey.p?epared by Peconic Surveyors, P.C. updated July 23, 2004. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. This is a request for the existing 3.2 ft. extension of the 8' open deck, for a total length of 15.2 feet instead of the previous application submissions Fge No. 5579 - E. Twomey CTM Id: 40.1-1-60 which had rP__.quested 12 feet. The extension has existed for at least eight years on this corner lot, and will not be changed, maintaining the same 28 ff. southerly'front yard setback. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to 'pursue, other than an: area variance. The main building (condominium) is presently 36 feet from the front lot line, and 28 [eet to the existing deck. Without a variance, the increased length of the deck, as exists, with 15 lin. ft. would not'be possible. 3. The variance granted herein is not substantial. The relief requested amounts to 24 sq. ft., or a 3 ft. extension of the existing 8 ft. deck from 12 feet to 15.2 linear feet. 4. The difficulty was self-created and relatedto the need for an 8' x 15' deck that was planned and designed Without meeting the code req~Jired 35 feet. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the .requested relief is the minimum action necessary and adequate to enable the applicant to enjoy thS'~benefit of a deck addition, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Tortora, seconded by Member Orlando, and duly carried, to GRANT the vadance as applied for, as shown on the July 23, 2004 final survey prepared by Pecopic Surveyoi's, P.C., with the condition that the deck remain open to the sky, This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and .other features as are expressly addressed in this action. Vote of the Board: Ayes: Members O~va.(Chairwoman), Goehringer, Tortora, Orlando, and Dinizio. This Resolution was duly 'adopted (5-¢0. '/o .~'\ ~ ~ . Ruth D, Oliva. Chairwoman 9/16/04 Approved for Filing PROFESSIONAL ENGINEER 1725 HOBARTROAD/POBox616, SOUTHOLD, NEW YORK11971 TEL631-765-2954- FAX631-$1~-3516 - e-mail: joseph@fische[ti.com Date; Reference: July 16, 2004 Unit 60 Pheasant Run Southold Building Department Main Road Southold, NY 11971 Dear Sk, I have inspected this date the footings for the deck on the south side of Unit #60 n the Pheasant Run Community in Greenport. I certify that the 8 inch diameter concrete footkngs were installed to 3 feet below grade and support the 4 inch square xvood snpports. All work has been done in a workmanlike manner. TOWN OF SOUTHOLD BUILDiNG DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: July 19, 2004 TO Elizabeth Twomey 135 Calebs Way Greenport, NY 11944 Please take notice that your application dated Suly 19, 2004 For permit for a deck addition to an existin~ sin,*le family dwelling Location of property 135 Calebs Way. Greenport, NY County Tax Map No. 1000 - Section 40.1 Block 1 Lot 60 Subdivision Filed Map # Lot # Is retraced herewith and disapproved on the following grounds: The constructed deck addition to a non-conforming single family dwelling, on a non-conforming parcel in the AHD District, is not permitted pursuant to Article XXIV Section i00-242A which states: "Nothing in tiffs article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containing a confomting use, provided that such action does not create any new non-conformance or increase the degree of non-conformance xvith regard to the regulations pertaining to such buildings." Pursuant to the ZBA's interpretation in Walz #5039, such addition will constitute an increase in the degree of nonconformance. The proposed addition is not permitted pursunt to Article XXVI Section 100-244 which states that lots measuring less than 20,000 sq. fi.require a min. front yard setback of 35'. The site plan indicates a front yard setback of approximately 28' feet on this comer lot. The deck was constructed with respect to ZBA's decision #4502. However, the inspection notice indicates a longer than approved 8'X12' deck. at 28' feet on this comer lot. The lot coverage is less than 20% Authorized Signature 765-1802 BUILDING DEPT. INSPECTION [ ] FOUNDATION 1ST [ ] ROUGH PLBG. [ ] FOUNDATION 2ND [ ] II~ISULATION [ ] FRAMING [~FINAL~ [ ] FI.EPLACE~CHIMNEY [ ] FIRES~ETY INSPECTION REMARKS: // c ~ DATE INSPECTOR ! . Ir I BOARD OF HEAL'IH ............... FORM NO. 1 3 SETS OF PLANS ............... TOWN OF SOUT[IOLD SURVE~ ........................ BU]LD[NG DEPARTHENT CRECK ......................... TO;c~N HALL SEPTIC FORH ................... _NOTIFY: cALL .-q33.=-%-'.~--U.i.-0- ~ ~. To:..~.--0- 2 -~'?-- ..... .':_t_k.%.~ ..~ ...................... a_ T~is applicatioo rr~st be cr~pletel7 filled in ~ -l~iter or in ink ~1 ml~itt~ ~o die ~[ld[ng Ins~ctor with 3 ~[s o~ plans, ac~te plot pl~ Eo scale. F~ acco~linE ~o b- Plot plsn ~ [~at~ of lot ~ of ~ild~n~s ~ pr~i~s, relationship to ~jo~ning StT~tS or areas, a~ givi~ a ~taJl~ descripti~ of l~t o[ pm~r~ mst ~ dr~m ~ ~e di~ ~ich is ~rt of th'is a~licat ~. c. ~ ~rk c~] ~ this a~lication ~ ~t ~ m,,.,=~l ~ro~ issue of ~ildi~ Pemit. d- U~] al,p~u~al of this a~licati~, t]~ ~]ilfling Ins~ctor ~1 is~ a ~ild{~ Pemfit to the a~llmnnt. ~d~ ~mit shall I~ ~pt ~ tl~ ~{~s ~ailahle lot ins~ct{~ thrm~t the e. ~ ~]ilding ~all ~ ~i~ or ~ in ~le or in ~rt ~or ~ ~ ~at~r (km~q~ ~all h~e ~n ~t~ ~ t~ ~ildimg lms~tor. AP~I~'[~ IS I~mM~Y }~ to t~ ~ildi~ ~r~nt for O~e is~a~e of a ~ildi~ Pemlt ~rmmnt to the ~ildlng ?D~ ~i~e of ~ Tam of ~t~ld, ~ffolk ~, ~e York, ~ other a~licable ~s, ~i~es or ~lati~s, for ~ c~st~ti~ of ~ildimgs, ~itims or altemti~, ~ ~r ;~scri~. ~ a~l{c~t a~s to c~ly wi~ all ~licable l~, o~i~es, ~ildlmg c~e, Imsing c~e, m~lati~s, ~ to ~{t m~t~r~z~ in~tors, m ~i~s a~ in ~ild~ng for ~ces~ in~ti~s. (Signature of ~q~p] leant, or n~, Jfa corporatJc~) (~t~ilirig ~ddress of applicant) l ~"t ch't t State whether applicant is c~er, essex, a~ dar z ~ , engi~r, ~ral c~tractor, electr~ci~ pl~r or ~filde~ . .................... ~. :~L~ ...................................................................................... ~ or ~ o~ ,~, ... ~:~L._ ..~',~_. ~.~ok~ ......................... (~ ~ t~ t~ ~tl or latest d~) Ir n~icant is a ~rati~, si~m o[ ~ly ~tl~ri~ o[ficer. (1~ a~ title o[ co. rate officer) Builders License ~ .......................... Electricians L{cense No ........ .~.~...~-.i.~- Otber Trede's L~cense No ..................... ,. .... · ~,~, . " . . ~ .; ' ~ . ~l ., .. .... ~,._ h:'~..,~.~. ~w~-~.,...~. ~. p.c~4_, .~5 .=.. ~ivlsion ...................................... Eil*l ~ [~ ................ I~t ............... (m~) 2. State existh~g u~ ~ ~c~ of ~s ard [nteM~ use ami ~y a_ Existing mm ~ ~ ........................................................................... ( ) cALEB' MAP SHOWING UNITS 59 & 6O "MAP OF MOORESLAND also known as PHEASANT RUN ESTATES CONDOMINIUMS I, I1, & III FILED DEC. 22,1994 MAP NO. 257 A T GREENPORT TO WN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 1000 - 40 - 01 - 59 & 60 Scale, 1" = 40' April 7, 1997 ANY AL~'EPJ~N OR dDDI~70N TO T~S 5URVEY ~ ~ ~0~ ~O,V ~ ~C~ 7209 OF ~ ~ Y~ ST~ ~Ot4 ~T ~S P~ ~C~ ~0~' ~ ALL ~ ~m ~ COPES ~ ~ ~ ~L OF AD[~'TiONALL Y TO COUrtLY ~TH ~ LA ~/ T~ ~ '~L TEREO I~U£T =~£ USED Sy ~}IY AND ~tLL ELIRVEYDRE UT~ A CORY OF ANOTHER EURVEYOR'S 4~4P. ~ SUCH AS "~¥~RECTED' AND 'BROUEHT-TO-OA TE' ARE NOT ~ CO~,~°LfANCE ~77-1 THE 12.~0 TRA VEL-~EL ~,~ SOU THOLD, N. Y.~'",H,...D~~ 93-30O 59&6C 'i